Title IX of the Education Amendments of 1972

Title IX States

Sex Discrimination

The purpose of Title IX of the Education Amendments of 1972 is to eliminate discrimination on the basis of sex in any education program or activity receiving Federal financial assistance. The following link addresses frequently asked questions about sex discrimination and describes the schools and programs that are covered by Title IX, who is protected under Title IX, and provides a brief summary of the school and program responsibilities under Title IX.

Frequently Asked Questions about Sex Discrimination 

The 14th Amendment and the Evolution of Title IX

UScourts.gov has created this educational resource which provides a brief history of Title IX and accompanying student activities.

Implementing Regulations 

On January 9, 2025, the United States District Court for the Eastern District of Kentucky issued a decision vacating the 2024 Title IX Rule, which prohibited the United States Department of Education from enforcing it in any jurisdiction. On Feb 4, 2025, the United States Department of Education issued a Dear Colleague Letter clarifying that the United States Department of Education’s Office for Civil Rights (OCR) will enforce Title IX under the provisions of the 2020 Title IX Regulations, rather than the recently invalidated 2024 Title IX Regulations.

Proposed Athletics Regulations

On Dec 20, 2024, the United States Department of Education withdrew their Proposed Title IX Athletics Rule. The withdrawal of the Notice of Proposed Rule Making (NPRM) was published in the Federal Register on Dec 26, 2024. Therefore, schools and districts will need to reference the 2020 Title IX Regulations and any active athletics guidance. For more information on Title IX and athletics, visit the Colorado Department of Education’s Athletic Opportunities and Benefits webpage.

• 2020 Regulations, with preamble
• 2020 Regulations, without preamble

Online or Digital Harassment

On January 14, 2025, the U.S. Department of Education’s Office for Civil Rights (OCR) released a new resource to explain that Title IX regulations require schools to address sexual harassment in their education program or activity – even when such harassment occurs online or using emergent technologies such as artificial intelligence. 

Online or Digital Sexual Harassment under the 2020 Title IX Regulations: A Resource for Students, Families, and Educators explains schools’ obligations under the 2020 Title IX regulations.  Designed to inform students, parents, and educators of their rights under Title IX, this new resource includes answers to frequently asked questions, including:

• What is online or digital sexual harassment?
• What is a school’s responsibility to address such harassment under Title IX?
• What can a student do if they experience online or digital sexual harassment that’s covered by Title IX?

This resource makes clear that under Title IX and its implementing regulations, students have the right to an educational environment free from sexual harassment—no matter what form such harassment takes.

For more information on sexual harassment under Title IX, visit the Colorado Department of Education’s Sexual Harassment webpage.

Obligation to Designate a Title IX Coordinator

Title IX requires that all recipients of Federal financial assistance, including elementary and secondary schools, designate at least one responsible employee to coordinate the efforts to comply with Title lX of the Education Amendments of 1972.

A list of district Title lX Coordinators can be found at ED.gov Civil Rights Coordinators Data Website.

Notice of Nondiscrimination

Title IX requires districts and schools to adopt, publish, and implement a policy stating that:

• The school/district does not discriminate on the basis of sex and prohibits sex discrimination in any education program or activity that it operates, as required by Title IX, including in admission and employment.
• A statement that inquiries about the application of Title IX may be referred to the school or district Title IX Coordinator, the Office for Civil Rights, or both.
• The name or title, office address, email address, and telephone number of the school or district Title IX Coordinator.
• How to locate the nondiscrimination policy and grievance procedures.
• How to report information about conduct that may constitute sex discrimination under Title IX and how to make a complaint of sex discrimination.

Schools and districts must provide the notice of nondiscrimination to students; parents, guardians, or other authorized legal representatives of elementary school and secondary school students; employees; applicants for admission and employment; and all unions and professional organizations holding collective bargaining or professional agreements.  All elements of the notice must be included on the website and in each handbook, catalog, announcement, bulletin, and application form made available to persons entitled to the notice or which are otherwise used in connection with the recruitment of students or employees.

How to File a Complaint

Title IX complaints should be filed with the individual school or district. However, a complaint may also be filed with the U.S. Office for Civil Rights.

• U.S. Office for Civil Rights Webinar on How to File a Complaint with the Office for Civil Rights
• U.S. Department of Education Office for Civil Rights Case Processing Manual, Feb 2025

The Office for Civil Rights also offers mediation services.  Just select “mediation” on the Office for Civil Rights Complaint Form

Anti-Retaliation Provision

It is unlawful to retaliate against individuals, including Title IX Coordinators, for:

• Filing a Title IX complaint
• Participating in a Title IX investigation, hearing or proceeding
• Advocating for others’ Title IX rights

On December 10, 2024, the United States Department of Education’s Office for Civil Rights (OCR) released a new resource, Civil Rights Protections Against Retaliation, that explains the key elements of retaliation, outlines how OCR assesses retaliation claims, and provides examples that, depending on the facts and circumstances, could raise concerns of unlawful retaliation.

Federal civil rights laws offer protection for people, including students, siblings, parents, guardians, teachers, counselors, coaches, or third parties advocating for the rights of students, who exercise their civil rights, oppose discrimination, report discrimination, or participate in civil rights investigations or proceedings. Retaliation may take the form of intimidation, threats, coercion, or another adverse action that would deter a reasonable person from exercising civil rights protected under the laws OCR enforces and occurs when a person is discriminated against for taking actions that are protected by civil rights laws. 

For more information, visit OCR’s Retaliation webpage.